The petitioners herein are the three accused in C.C.No.248/2011 of the Judicial First Class Magistrate Court-I, Pathanamthitta. Crime in the said case was registered under Sections 341, 323 and 324 r/w Section 34 of the Indian Penal Code, on the complaint of one Akhil G.Dhar, who is the 1st respondent in this proceeding. The accused now seek orders under Section 482 of the Code of Criminal Procedure, quashing the prosecution on the ground that they have amicably settled the whole dispute with the defacto complainant, and that continuance of prosecution will not serve any purpose. It is reported from the prosecution side that the 1st accused, who is the 1st petitioner herein is involved in so many crimes and that he is a man of bad antecedents. As regards accused No.2 and 3 there is no such report and they are not involved in any other criminal case. On a perusal of the final report, I find that orders quashing the prosecution as against accused Nos.2 and 3 will not affect the continuance of prosecution against the 1st accused. Of course, the prosecution can be quashed in part, but the court will have to consider whether such an order will in any manner affect the Crl.M.C No.5033 of 2014 2 prosecution as against the others. Here I am definite that orders quashing the prosecution against the petitioners 2 and 3 will not in any manner stand in the way of prosecution against the other accused. The final report contains specific and definite allegations against the 1st accused attracting Sections 341, 323 and 324 of the Indian Penal Code. The 1st respondent has filed affidavit to the effect that he has settled the dispute with the accused, and that he has no grievance or complaint now. In view of the report that the 1st accused is involved in so many crimes, I am not inclined to quash the prosecution as against him. As regards the other accused, no doubt, the material witnesses will not in any manner support the prosecution, if the case goes to trial.
In the result, this Criminal Miscellaneous Case is allowed. The prosecution against the petitioners 2 and 3 herein in C.C.No.248/2014 before the Judicial First Class Magistrate Court I, Pathanamthitta will stand quashed under Section 482 of the Code of Criminal Procedure, and the petitioners will stand released from prosecution. The bail bond, if any, executed by the petitioners will stand discharged. However, C.C. No.248/2011 will proceed against the 1st accused.
P.UBAID JUDGE ab